Death penalty is a deterrent

George E. Pataki, Governor of New York State
USA Today - March 1997
Capital punishment gives killers good cause to fear arrest and conviction.

SEPT. 1, 1995, marked the end of a long fight for justice in New York and the
beginning of a new era in our state that promises safer communities, fewer
victims of crime, and renewed personal freedom. For 22 consecutive years, my
predecessors had ignored the urgent calls for justice from our citizenstheir repeated and pressing demands for the death penalty in New York
State. Even after the legislature passed a reinstatement of the capital
punishment law, it was vetoed for 18 years in a row. (Twelve of those vetoes
came from the pen of former Gov. Mario Cuomo.)

That was wrong. To fight and deter crime effectively, individuals must have
every tool government can afford them, including the death penalty. Upon taking
office, I immediately began the process of reinstating the death penalty. Two
months later, I signed the death penalty into law for the most heinous and
ruthless killers in our society.

Protecting the residents of New York against crime and violence is my first
priority. Indeed, it is the most fundamental duty of government. For too long,
coddling of criminals allowed unacceptable levels of violence to permeate the
streets. They were not subject to swift and certain punishment and, as a result,
violent criminal acts were not deterred.

For more than two decades, New York was without the death penalty. During
this time, fear of crime was compounded by the fact that, too often, it largely
went unpunished.

No more. In New York, the death penalty has turned the tables on fear and put
it back where it belongs-in the hearts of criminals. Within just one year, the
death penalty helped produce a dramatic drop in violent crime. Just as
important, it has restored New Yorkers' confidence in the justice system because
they know their government genuinely is committed to their safety.

Honest, hard-working people share my vision for a safer New York, a place
where children can play outside without worry; parents can send their kids to
school with peace of mind; people can turn to each other on any street corner,
in any subway, at any hour, without casting a suspicious eye; and New York
citizensof all races, religions, and agespull together and stand firm against crime.

In short, we are creating a state where law-abiding citizens have unlimited
freedom from crime-a state
where all can raise a family and follow their dreams in neighborhoods, streets,
and schools that are free from the scourge of crime and violence. We've made
tremendous progress. Although the death penalty has contributed to that
progress, it's just one facet of New York's broad anti-crime strategy.

Other major reforms include substantially increasing the sentences for all
violent criminals; eliminating parole eligibility for virtually all repeat
violent offenders; barring murderers and sex offenders from participating in
work release programs; toughening penalties for perpetrators of domestic
violence; notifying communities as to the whereabouts of convicted sex
offenders; overturning courtcreated criminal-friendly
loopholes to make it easier to prosecute violent criminals; and allowing juries
to impose a sentence of life without parole for killers.

Arthur Shawcross (left) was paroled after serving 15
years for the brutal rape and murder of two children in upstate New
York. In a subsequent 21month killing spree,
he took 11 more lives before being caught. Serial killer Nathaniel White
triggered this outburst from the mother of one of his victims: "I have
to go to the cemetery to see my daughter. Nathaniel White's mother goes
to jail to see him and I don't think it's fair." With the death penalty
reinstated in New York, such ruthless killers will face execution,
rather than being released from prison for good behavior.

These new laws are working. Since I took office in 1995, violent crime has
dropped 23, assaults are down 22, and murders have dropped by nearly one-third.
New Yorkers now live in safer communities because we finally have begun to
create a climate that protects and empowers our citizens, while giving criminals
good cause to fear arrest and conviction. I believe this has occurred in part
because of the strong signal that the death penalty and our other tough new laws
sent to violent criminals and murderers: You will be punished with the full
force of the law. Shortly before the death penalty went into effect, I listened
to the families of 20 murder victims as they told of their pain. No loved ones
should have to go through such a wrenching experience. I never will forget the
words of Janice Hunter, whose 27-year-old daughter, Adrien, was stabbed 47 times
by serial killer Nathaniel White in 1992. Mrs. Hunter spoke for every family
member when she said, "It's a heartache that all parents suffer. I have to go to
the cemetery to see my daughter. Nathaniel White's mother goes to jail to see
him and I don't think it's fair." Although no law can bring back Mrs. Hunter's
daughter, our laws can and must take every responsible step to prevent others
from enduring the heartache suffered by her and her family. Before becoming
Governor, I supported the death penalty because of my firm conviction that it
would act as a significant deterrent and provide a true measure of justice to
murder victims and their loved ones.

I know, as do most New Yorkers, that by restoring the death penalty, we have
saved lives. Somebody's mother, somebody's brother, somebody's child is alive
today because we were strong enough to be tough enough to care enough to do what
was necessary to protect the innocent. Preventing a crime from being committed
ultimately is more important than punishing criminals after they have shattered
innocent lives.

No case illustrates this point more clearly than that of Arthur Shawcross. In
1973, Shawcross, one of New York's most ruthless serial killers, was convicted
of the brutal rape and murder of two children in upstate New York. Since the
death penalty had been declared unconstitutional, Shawcross was sentenced to
prison. After serving just 15 years-an absurd prison term given the crime-he was
paroled in 1988. In a horrific 21-month killing spree, Shawcross took 11 more
lives. That is 11 innocent people who would be alive today had justice been
served 24 years ago; 11 families that would have been spared the pain and agony
of losing a loved one.

By reinstating the death penalty, New York has sent a clear message to
criminals that the lives of our children are worth more than just a IS-year
prison term. Moreover, it has given prosecutors the legal wherewithal to ensure
New York State never has another Arthur Shawcross. Applying theultimate punishment Too often, we are confronted with wanton acts of
violence that cry out for justice. The World Trade Center bombing and the
murderous rampage on the Long Island Rail Road by Colin Ferguson are but two
examples. The slaying of a police officer in the line of duty is another. To
kill a police officer is to commit an act of war against civilized society.

A person who knowingly commits such a heinous act poses a serious threat to
us all, for government can not protect citizens without doing everything it can
to protect those charged with our safety. Police officers put their lives on the
line, not knowing whether their next traffic stop or call to duty will be their
last.

Under New York's death penalty law, those who murder a police officer; a
probation, parole, court, or corrections officer; a judge; or a witness or
member of a witness' family can face the death penalty. Someone who murders
while already serving life in prison, escaping from prison, or committing other
serious felonies can face the death penalty.

Contract killers, serial murderers, those who torture their victims, or those
who have murdered before also can be sentenced to death. In determining whether
the death penalty should be imposed on anyone convicted of first-degree murder,
the bill expressly authorizes juries to hear and consider additional evidence
whenever the murder was committed as part of an act of terrorism or by someone
with two or more prior serious felony convictions.

New York's death penalty is crafted carefully so that only the most inhuman
murderers are eligible for it. Upon the conviction of the defendant, a separate
sentencing phase is conducted during which the original jury, or a new jury
under special circumstances, weighs the facts of the case.

The jury must consider the defendant's prior criminal history, mental
capacity, character, background, state of mind, and the extent of his or her
participation in the crime. It then compares this evidence with the facts. For
the death penalty to be imposed, the jury must reach a verdict unanimously and
beyond a reasonable doubt.

Our state lived without adequate protection for 22 years. That is 22 years
too long. Now, finally, we have begun to empower New Yorkers with the legal
tools they need to make their communities safe.

At the same time, we have put lawless sociopaths like Arthur Shawcross on
notice. The time that Shawcross spent in prison was not punishment; it was a
mere inconvenience that offered New Yorkers nothing more than a 15-year
moratorium from his murderous acts.

Our resolve to end crime is only as strong as the laws we pass to punish
criminals. By making the death penalty the law of the land in New York, we have
demonstrated that resolve, thus strengthening the promise that our children and
future generations will grow up in a state that is free of violence. The death
penalty and the other tough initiatives we have passed are just the beginning of
an aggressive and comprehensive plan to reclaim our streets and give New Yorkers
back the fundamental freedoms they too often felt had been lost to crime and
violence. We will continue to do whatever is necessary to ensure that the lives
of New Yorkers are unencumbered by violence, and that is why we will continue to
pass laws that give our people unlimited Freedom to pursue their hopes and
dreams.

FOR IMMEDIATE RELEASE:
August 30, 1996

Statement on Anniversary of
Death Penalty by Governor Pataki

Since I became Governor,
violent crime has declined 11 percent, with murder showing the largest
decline at even more than 22 percent. New Yorkers live in safer
communities today because we are finally creating a climate that
protects our citizens and causes criminals to fear arrest, prosecution
and punishment.

We believe that this has occurred in part because of
the strong signal that the death penalty sent to violent criminals and
murderers: we won't excuse criminals, we will punish them. Last
September 1 marked a new era in our fight against crime. The death
penalty became the law of New York State.

Shortly before the death penalty went into effect I
listened to the families of 20 murder victims as they told of their
pain. No family should have to go through such a wrenching experience. I
will never forget the words of Janice Hunter, whose 27-year-old daughter
was stabbed 47 times by serial killer Nathaniel White in 1992.

Mrs. Hunter spoke for all the families when she said,
"It's a heartache that all parents suffer. I have to go to the cemetery
to see my daughter. Nathaniel White's mother goes to jail to see him and
I don't think it's fair."

While no law can bring back Mrs. Hunter's daughter,
our laws can and must take every responsible step to prevent other
families from suffering the heartache suffered by Mrs. Hunter and her
family. I sponsored the death penalty laws because of my firm conviction
that it would act as a significant deterrent and provide a true measure
of justice to murder victims and their loved ones.

I know, and most New Yorkers know, that by restoring
the death penalty we have saved lives. There are loved ones alive today
because we were strong enough to be tough enough to care enough to do
what was necessary to protect innocent people. Preventing a crime from
being a crime is ultimately more important than punishing criminals for
crime after crime.

My administration has been actively monitoring our
death penalty law. I have every confidence that it will continue to
deter murders, will continue to enhance public safety and will be
enforced fairly and justly.

We have a right to be proud. By standing strong, we
have moved New York forward to becoming a safer and better place to
live.